BILL ANALYSIS

 

 

 

C.S.H.B. 1845

By: Gooden

Criminal Jurisprudence

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Current Texas law makes it a capital murder offense to murder another person in retaliation for or on account of the service or status of the other person as a judge or justice. However, the same protection is not clearly provided in statute for prosecuting attorneys or assistant prosecuting attorneys. In response to a recent high-profile murder of a Texas district attorney, and at the behest of numerous county officials across the state, C.S.H.B. 1845 seeks to include these attorneys among the persons whose murder qualifies the offense as capital murder.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 1845 amends the Penal Code to expand the conduct that constitutes the offense of capital murder to include intentionally or knowingly causing the death of an individual in retaliation for or on account of the service or status of the other person as a prosecuting attorney or an assistant prosecuting attorney.

 

EFFECTIVE DATE

 

September 1, 2013.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 1845 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Section 19.03(a), Penal Code, is amended to read as follows:

(a)  A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:

(1)  the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;

(2)  the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6);

(3)  the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration;

(4)  the person commits the murder while escaping or attempting to escape from a penal institution;

(5)  the person, while incarcerated in a penal institution, murders another:

(A)  who is employed in the operation of the penal institution; or

(B)  with the intent to establish, maintain, or participate in a combination or in the profits of a combination;

(6)  the person:

(A)  while incarcerated for an offense under this section or Section 19.02, murders another; or

(B)  while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03, murders another;

(7)  the person murders more than one person:

(A)  during the same criminal transaction; or

(B)  during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;

(8)  the person murders an individual under 10 years of age; [or]

(9)  the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court; or

(10)  the person murders another person in retaliation for or on account of the service or status of the other person as a district attorney, criminal district attorney, or county attorney performing the duties of a district attorney.

 

SECTION 1.  Section 19.03(a), Penal Code, is amended to read as follows:

(a)  A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:

(1)  the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;

(2)  the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6);

(3)  the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration;

(4)  the person commits the murder while escaping or attempting to escape from a penal institution;

(5)  the person, while incarcerated in a penal institution, murders another:

(A)  who is employed in the operation of the penal institution; or

(B)  with the intent to establish, maintain, or participate in a combination or in the profits of a combination;

(6)  the person:

(A)  while incarcerated for an offense under this section or Section 19.02, murders another; or

(B)  while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03, murders another;

(7)  the person murders more than one person:

(A)  during the same criminal transaction; or

(B)  during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;

(8)  the person murders an individual under 10 years of age; [or]

(9)  the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court; or

(10)  the person murders another person in retaliation for or on account of the service or status of the other person as a prosecuting attorney, as defined by Section 41.101, Government Code, or an assistant prosecuting attorney, as described by Subchapter B, Chapter 41, Government Code.

SECTION 2.  The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 2. Same as introduced version.

 

 

SECTION 3.  This Act takes effect September 1, 2013.

SECTION 3. Same as introduced version.